Creditor didn't show for Adversary Pretrial

[tobee43]

My question is what happens now that the creditor who filed adversary did show up for the pretrial on September 15. My bankruptcy is now in limbo. Only thing pacer shows is on September 17th the adversary was moved to dismiss by the judge. Anyone have experience with this?

that's good news for you....they filed but never showed up to fight it. you may be a no asset case...you do not mention it....however, if the trustee's office let them know you have nothing...they just back down and don't spend another dime going after something they can't get.

that is what appears to have happened by them not showing up. your atty should advise you about this....because he or she should now jump on a dismissal of the ap.

[tana0220]

I do have a lawyer, he mentioned a waiting period but didn't know how long it was 10 days, 20 days. Pacer shows, dismissed but with a pending status that says Awaiting Closing. My husband called the bankruptcy court and they told him they were waiting for the trustee. I don't understand why it's taking so long, i feel they should have closed it when the creditor didn't show up. The whole point of the Adversary was to discredit our bills he said we inflated what we pay a month and it's not true we maybe were a few dollars off here and there on our estimates but not enough to make a big difference.

[midnight]

Did the judge give the creditor time to respond to the motion to dismiss? Or did he dismiss their adversary claim altogether? Do you have a lawyer that you could ask? I work at a law firm, so I would imagine the creditor messed up by not showing up, but sometimes judges can be sympathetic and give them a second try?

[tana0220]

My question is what happens now that the creditor who filed adversary did show up for the pretrial on September 15. My bankruptcy is now in limbo. Only thing pacer shows is on September 17th the adversary was moved to dismiss by the judge. Anyone have experience with this?